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Punishment in the Wizarding World

Discussion in 'Fanfic Discussion' started by wordhammer, Jan 28, 2016.

  1. Download

    Download Auror ~ Prestige ~ DLP Supporter

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    Or you know, a little hop across the pond to France or a dozen other countries. Given how integral magic is to witches and wizards it sounds pretty reasonable to immigrate to use a wand again.

    Want to visit friends and family? Don't bring your wand with you. You seem to be forgetting the Ministry of Magic only has control over Britain.
     
  2. Andrela

    Andrela Plot Bunny DLP Supporter

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    If that was the case, then being expelled wouldn't be treated with the air of finality as it is in the books by characters like Hermione or Snape.

    You seem to be forgetting the International Confederation of Wizards.
     
  3. Halt

    Halt 1/3 of the Note Bros. Moderator

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    First of all, I think it's important to establish that wand-snapping is not a punishment they tack on for small offenses. In canon, our example is Hagrid, who was accused of opening the Chamber of Secrets and murder. Could a lighter crime warrant such a punishment?

    According to the HP wiki (not sure how accurate this is), Grindelwald was expelled too but did not lose his wand, despite being accused of "conducting horrific and dark experiments". So to answer the question, probably not. You'd have to murder someone, or something just as bad, for your wand to get snapped.

    What people seem to be forgetting is that getting a wand is one thing, getting education is another. There are only a handful of schools (11? 13? that we know if in the world) if we are to strictly follow canon. It's not unreasonable to assume that the Headmasters of Durmstrang, Beauxbatons and Hogwarts - the three finest schools of magic in the world - would not keep each other updated of which students have had their wands snapped.

    If we accept my first point that wand-snapping requires a severe crime, then it is also reasonable to assume that other schools wouldn't want to teach a murderer either. Whether this is because of the threat this individual might pose to society, the negative reputation a school acquires for harboring such people or even not wanting to feel responsible for any future crimes the delinquent commits.

    So, could they acquire a wand in another country? Maybe, maybe not. But at the very least they'd only be able to access substandard magical education if any at all.
     
  4. Sesc

    Sesc Slytherin at Heart Moderator

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    ... which you enter, when you visit them. Wat.

    You enter, they arrest you, the end. What is even the point? This is exactly like it's in the real world, so why are we discussing this? It's not like it's a revelation that you can theoretically escape punishment by bailing.

    Edit: We might be talking past each other. I'm not denying there's the possibility that someone just leaves the country and then learns magic wherever (but certainly not at the prestigious schools) -- for that matter, Hagrid could simply leave before they snap his wand --, I'm saying it's a very undesirable alternative that's just as much a punishment as the original punishment, which is the reason it's of little practical relevance.


    Hagrid's punishment was the punishment for killing Myrtle (the fact that Voldemort did it is besides the point here, of course). So he ... loses his wand, gets expelled, goes to France, and because Beuxbatons always wanted to teach an expelled murderer, they allow him in?

    Right, so leaving that aside, what's far more interesting is determining when wand-snapping and when Azkaban occurs. Consider the reactions on breaking the statute, and Harry in OotP:

    So we see two things: 1) Snapping your wand is not (as far as we can tell) a punishment for breaking laws. It's a consequence of not attending Hogwarts while having no complete (OWLS) education. And that's why 2), there's the second, seemingly nonsensical paragraph -- the disciplinary hearing is the actual response to breaking a law, which is entirely separate from whether or not Harry is a wizard or a squib and attends Hogwarts or doesn't.

    So in the case of Hagrid: Dippet expelled him, that's why his wand was snapped. AND he will have had a trial, and possibly spend time in Azkaban (remember Hagrid saying he's "not going back there" in CoS?), which would be the punishment for getting Myrtle killed.


    Which makes clear the squib comparison was correct: No Hogwarts, no wand, but (possibly after Azkaban), you can still be a "member" of the magical world that way, if you want.
     
  5. Atram Noctem

    Atram Noctem Auror

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    This law is one of the most disproportionate and ludicrous ones in HP. It seems like one of those things Rowling added just for the sake of drama and Harry-angst, like the Trace (which only works when Rowling wants to get Harry in trouble). I prefer to just discard those two things in fanfiction and not think about them too much.

    Concerning Hagrid, I believe Dumbledore fixed his wand with the Elder Wand. It seemed to be working pretty well. I also think he was expelled not for murder, but for keeping a giant man-eating spider as a pet in a school.
     
  6. wordhammer

    wordhammer Dark Lord DLP Supporter

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    Originally the thought was prompted by a plot complication I'm working on: Ginny gets expelled before even taking the OWLs. She's sent back to the Burrow in shame, but once Molly's done being angry at her, what are her options? What would Molly and Arthur expect of her?

    That prompted me to consider what others who see a broken-wand person using magic are supposed to do about it. Hagrid was seen at Hogwarts generally using his own physical capabilities to get things done, but there was never much of a threat from Draco or his cronies catching him using his umbrella to start a fire in his hearth or something.

    The twins ditch school in book 5, but they were adults already- their capacity for using magic responsibly is more or less proven. Same thing with Grindelwald. It's a fanon I support to suggest that expulsion after the OWLs (assuming you pass a few) doesn't result in destruction of the wand, but then it seems no other crime carries with it the wand-breaking punishment, even a life sentence in Azkaban.

    That prompted the thought about overall punishments and restrictions: Ron insists most vehemently that even the most corrupt Ministry couldn't change the way the Trace is applied ... also prompting the question of why the Trace ever expires, particularly for those whose wands are broken before they turn 17 but also because tracking magic is the Ministry's business.

    So what can the Ministry do to control its population when they misbehave? Punishments for adults appear to be limited to time in Azkaban, fines, and seizure of offending goods. There are no tracking charms for 'probation' and the Ministry apparently has the right to imprison someone on a suspicion indefinitely... a frightening prospect in the hands of any real-world government, but without the Dementors there (in the wartime and post-Voldemort worlds) it seems like prison isn't half as torturous. Where's the deterrence?

    My point in creating the thread, I suppose, was to ask 'You've seen parts of the Wizarding World in canon: what would you recommend for how the law should evolve within Kingsley's Ministry? What's missing that might explain how it functions up until then?'
     
  7. Andrela

    Andrela Plot Bunny DLP Supporter

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    I think this was discussed before, but I'd say that monitoring the entire population at all times brings to mind things like George Orwell's 1984.
     
  8. Sesc

    Sesc Slytherin at Heart Moderator

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    Well, no plaintiff, no judge, but I would presume he's always at risk to be caught. Say Mr NoWand lives in his cottage at Hogsmeade, and neighbour NosyNose catches him charming his pumpkins. He tattles to the Ministry, and off to Azkaban Mr NoWand goes -- he's clearly breaking the law, so he will get punished.

    It's like every other law -- the fact that there's no perfect surveillance, or the fact that you can hypothetically escape punishment (re: Download) has little bearing on the laws sensibleness or general behaviour. Police isn't waiting at every street corner, but people still stop at red traffic lights. I can't think of much that is missing or would need to be changed here, tbh.


    In the particular case of Ginny getting expelled: Well, she would have to consider a career without a wand. I mean, what do squib children do all day? Play, grow up, help in the house ... Mrs. Figg is breading Kneazles. Perhaps that.
     
  9. Nemrut

    Nemrut The Black Mage ~ Prestige ~

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    Depends on why she was expelled. If it was something minor or at least not horrible like murder or whatever, I'd imagine she could do stuff like play Quidditch, a desk job, collecting herbs for potions.

    See Ginny going more for Quidditch though, not like you need a wand for that and she is good at it,
     
  10. Ashton Knight

    Ashton Knight Disappeared DLP Supporter

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    http://imgur.com/uXqrHge

    But in all seriousness, let's first take a look at who would be the one getting their wand snapped. While it may not seem like it at first glance, the wizarding world is slightly male dominated in that about 50% of the women we see (Molly, Narcissa, Lily, Andromeda) don't have jobs (or at least we weren't told about them) so they were probably housewives. I assume then that some females would just resign themselves to being a housewife.

    If it were a male, then I suppose the roles could be reversed or that the male may work in a position that doesn't require magic.

    Both males and females could alternatively just get a non magical job. Despite being a dominantly magical world, there are a few different non magical jobs to choose from:


    • Caretaker of Hogwarts like Filch
    • Keeper of Keys (WHatever that is) like Hagrid
    • Any teaching position that doesn't require a wand (Herbology, Astronomy, Care of Magical Creatures even Potions).
    • You could work in a bar (The Hogshead/Three Broomsticks/The Leaky Cauldron)
    • Maybe working in Madam Malkins,
    • Zonkos
    There's probably a few others that I've forgotten but if I remember I'll go back and edit them in.


    This is extremely unlikely but the snapping of the wand may just be a ceremonial thing and after the trial you can just stop by Ollivanders and buy another one.

    By the way, what would be the muggle equivalent (If there is any) of getting yoru wand snapped? Getting banned from using the internet? Losing the ability to read? Just curious.
     
    Last edited: Jan 29, 2016
  11. Nemrut

    Nemrut The Black Mage ~ Prestige ~

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    Well, Filch is basically useless. I have no idea what exactly he does there. House Elves do the real work, everything a caretaker should do, they can do better and faster. So, to me, seeing he has no practical function, his job is most likely a pity job.

    It would be as if Ginny was hired to be an assistant cook in the Hogwarts kitchen, technically a job but yeah, not really.

    Care of Magical Creatures, Hagrid gets away with because he is a half giant and things that maim or kill regular people don't exactly phase him. So, would think that, Herbology in the way Spout teaches and even Potions required a wand, maybe not for the immediate job but for taking care of potential problems, like an exploding potion. Snape vanishes potions regularly and has to probably adminster first aid or do something magical to keep things from getting worse. And we know there are plants that require active spellcasting to keep in check to some degree.

    Madam Malkins and other jobs are also done easier with a wand, for all sorts of reasons, but I guess she could work there.

    And muggle equivalent seems to be not having a high school diploma and being barred from a lot of jobs and higher education because of it.
     
  12. Perspicacity

    Perspicacity Destroyer of Worlds ~ Prestige ~ DLP Supporter

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    Potion brewing has "no foolish wand-waving or silly incantations." Presumably, it's possible without a wand.
     
  13. wordhammer

    wordhammer Dark Lord DLP Supporter

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    My analogy would be a paroled felon- the person is a pariah and always meant to be scrutinized. They aren't allowed to vote, perhaps not even to get a driver's license and their movements internationally would be restricted. The court and community would hold a bias against them in any criminal matter for which they're associated. And they can forget about legally buying weapons...

    Still, it's better than being a werewolf- those guys are treated like AIDS-infected sex offenders.
     
  14. Ankan

    Ankan Professor

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    Well he does punish students.
     
  15. Download

    Download Auror ~ Prestige ~ DLP Supporter

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    Having to leave a country to use magic again is a pretty serious matter.

    There is nothing there to suggest the rule is extraterritorial. The MoM isn't going to arrest someone for using magic outside its borders.
     
  16. Hawkin

    Hawkin Chief Warlock

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    We know Death Eaters who went to Azkaban (i.e. Lucius) did not have their wand snapped. As such, it seems to be a punishment purely related to expulsion. We've seen the Twins leaving Hogwarts before their NEWT and they had their wands. I'm simply going to assume that passing your OWL demonstrate your competency and sense of responsibility concerning your usage of magic. Prior to that, your wand is snapped if you are expelled because you are deemed irresponsible.
     
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